(Download) "United States Court of Appeals for Fourth Circuit Roanoke River Basin Association v. Hudson" by United States Court of Appeals for the Fourth Circuit # Book PDF Kindle ePub Free

July 25, 2021

eBook details

Title: United States Court of Appeals for Fourth Circuit Roanoke River Basin Association v. Hudson
Author : United States Court of Appeals for the Fourth Circuit
Release Date : January 20, 1993
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 78 KB

Description

The Equal Access to Justice Act (EAJA), 28 U.S.C. Â§ 2412, provides that parties who prevail in litigation with the United States are entitled to reimbursement of reasonable attorneys fees unless the position of the United States "was substantially justified." 28 U.S.C. Â§ 2412 (d)(1)(A). In protracted litigation with the Army Corps of Engineers, the Roanoke River Basin Association challenged the Corps issuance of a permit to the City of Virginia Beach for the construction of a pipeline to transport 60 million gallons of water per day from Lake Gaston in the Roanoke River basin to Virginia Beach to satisfy its potable water requirements. Although the Association was unsuccessful in blocking the issuance of the permit, the district court found that on at least one issue the Association was a "prevailing party." The court nevertheless denied the Association an award of attorneys fees because it found the position of the Corps in processing the permit was substantially justified.